Probe Jonathan But Don't Humiliate Him - Lawyers Advise Buhari

Some Nigerian lawyers have warned President Muhammadu Buhari about the reported plan to probe his predecessor, Goodluck Jonathan over the latter’s alleged sponsorship of the Niger Delta Avengers.


Jonathan was named by the Movement for the Emancipation of the Niger Delta (MEND) as one of the sponsors of the agitating group that has blown up many government installations across the Niger Delta region and has threatened to declare independence on October 1.

The former president, on his part, had denied the allegation fingering those who are jealous of his rising international profile as responsible for the report that linked him with militants.

Daily Trust reports that Femi Falana, one of the lawyers who spoke on the issue warned the federal government to probe Jonathan only with watertight evidence that he was actually involved. Falana, a Lagos-based human rights lawyer, said a serious allegation as this must be handled with care.

The senior lawyer added: “During the campaigns, the groups (militants) threatened to break up the country if Dr Jonathan did not win the 2015 presidential election. “Did the security forces monitor the groups after the elections? Are we not dealing with another case of failure of intelligence?

“Those who set up the Boko Haram sect are known to the state. Has the government moved against them? “The militant groups in the Niger Delta were set up by politicians. Have they been asked to account?
Surely, the state has lost the monopoly of violence to militant and terrorist groups. “The incompetence of the ruling class has compounded the crisis of nation building.”

On his part, Auwalu Hamisu Yadudu, a professor of law, said though there was nothing bad in probing Jonathan, the evidence must be real. “Although some people are of the view that Jonathan should not be probed because he was defeated in election by President Buhari and so on, but in law that should not be a basis to exempt him from being probed if found wanting in committing some wrongdoings that warrant probe.

“I will not encourage humiliating or maltreating the former president in the name of probe. “Not only an ex-president, whoever is involved in this kind of situation should be treated fairly and justly.

“The Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices Commission (ICPC) have their mandates, so if the allegations against Jonathan fall within their mandates they should handle it,” he said.

In his reaction, constitutional lawyer, Festus Okoye, said: “As far as I am concerned, any individual that has committed any form of criminal offence or has committed any form of infraction should be investigated and tried, including former President Jonathan.

“There is no need to set up any panel, the former president is like anybody in the country, and you know that nobody is above the law. “If he has a case to answer, he should be referred to either the ICPC or the EFCC, depending on his offence. “Why didn’t they threaten to do so when he (Jonathan) was our president and doing what he did.

“The country is for all us and we must all be seen to be working in the interest of the country. So we should not be threatened with secession.

“The fact that an armed robber is not arrested, does not mean that those who are arrested should not be tried. “So, those who are saying why Jonathan alone do not mean well for the country. The fact that he was a former president makes the probe necessary.”

In his own advice, another senior lawyer, Abeny Mohammed, said: “This is not what the country needs at this time. This country is not a nation-state, as such we are just patching its up unity.

“That is why we must restructure this country so that the powers and finances are not concentrated at the centre while states cannot even pay salaries. “The PDP government, which Jonathan led, was corrupt, but the federal government, in the probe of the government, has in their wisdom left him out.

“I know that the people who asked Jonathan to reach out to Buhari (after his defeat) may have a sort of agreement that says, in any event, he must not be probed.”